Niraj Pratap Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5628 of 2017 • Niraj Pratap Singh S/o Shri Dev Dutt Singh, Aged About 30 Years Occupation Service Rural Agricultural Development Officer Mahali, Block Pandariya, District Kabirdham Chhattisgarh. ---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Secretary, Department Of Agriculture And Technology, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.
2. Deputy Director, Agriculture, District Kabirdham, Chhattisgarh.
3. Sub Divisional Agriculture Officer, District Kabirdham Chhattisgarh.
---- Respondent For Petitioner Shri Vinay Pandey, Advocate.
For Respondents/State Ms K. Tripti Rao, P.L.
Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/10/2017
1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 14.08.2017, he is not being relieved.
2. The issue regarding implementation of transfer order, has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattigarh and others, 2015(4) C.G.L.J.182, wherein relying upon several judgments of the Supreme Court, it has been
held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled.
3. Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.
4. Accordingly, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondents' authority shall relieve the petitioner towards implementation of the transfer order dated 14.08.2017.
5. It is also made clear that if any administrative exigency impede the petitioner's relieving, the petitioner shall be informed in writing. It will also remain open for the respondents to reconsider the issue of transfer on account of any administrative exigency.
Sd/- Judge Prashant Kumar Mishra Akhilesh